26 Franchise L.J. 1 (2006-2007)

handle is hein.journals/fchlj26 and id is 1 raw text is: FRANCHISE
LAW JOuRNAL
SM           AMERICAN  BAR  ASSOCIATION

QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING

EDITORIAL
Motorcycles, Zen, and Franchising .............. 2
WILLIAM L. KILLION
Wh at's the connection between Zen and the Art of
Motorcycle Maintenance and franchising? In his final
column, our editor-in-chief uses the 1970s classic to make his
point that what really matters are the people and relationships
that shape franchising and franchise law
POINT/COUNTERPOINT: WHAT IS A FRANCHISE?
Unrecoverable Investments Are Critical ......... 3
JONATHAN SOLISH
The author, who represented Avis Rent-a-Car System, Inc., in
two recent Avis agency operator cases, concludes-as the
courts did in both cases-that a licensee must actually make an
unrecoverable investment in a business enterprise to warrant
the protection of franchise legislation.
State Relationship Laws Are Not Uniform ....... 3
BRUCE NAPELL
the opposing counsel in one of the Avis cases contends
that, in determining whether the agency operators paid
franchise fees as defined in the Washington and California
relationship acts, the courts incorrectly relied on foreign
decisions that incorporate a community-of-interest test
despite the fact that neither Washington nor California
requires a community of interest.
ALSO IN THIS ISSUE ...
What Does e-Discovery Mean for Franchise Law?... 20
JAMES M. (DUKE) JOHNSTON JR. AND PHILIP A. WHISTLER
otentially a great deal. On December 1, 2006, recent
amendments to the Federal Rules of Civil Procedure gov-
erning electronic discovery will take effect. Discovery in
cyberspace is potentially expensive and fraught with peril for
both sides. The authors offer some practical tips for manag-
ing the process and keeping your clients out of trouble,
including the New York Times rule for e-mails.

VOLUME 26, NUMBER I * SUMMER 2006

0, Canada! ................................ 32
PETER MACRAE DILLON
T he author-from his vantage point in London (Ontario, not
the U.K.)-feels that franchising north of the 49th parallel
is hindered by provincial laws and regulations and laments the
fact that his fellow Canadians are not taking advantage of the
experience of their colleagues across the border and elsewhere.
Franchising & Distribution Currents ........... 37
ALLAN P. HILLMAN, ROBIN M. SPENCER,
AND DAVID A. BEYER
Decent case law and developments in franchising and
IXdistribution.

Franchise Law Journal (ISSN: 8756-7962) is published quarter-
ly, by season by the American Bar Association Forum on Fran-
chising, 321 North Clark Street, Chicago, Illinois 60610-4714.
Franchise Law Journal seeks to inform and educate members of
the bar by publishing articles, columns, and reviews concerning
legal developments relevant to franchising as a method of distrib-
uting products and services. Franchise Law Journal is indexed in
the Current Law Index under the citation FRANCHISING.
Requests for permission to reproduce or republish any mater-
ial from the Franchise Law Journal should be addressed to
Nicole Maggio, Esq., Copyrights & Contracts, at the address
above, faxed to 312/988-6281, or sent to copyright@abanet.org.
Address corrections should be sent to coa@abanet.org.
The opinions expressed in the articles presented in Fran-
chise Law Journal are those of the authors and shall not be
construed to represent the policies of the American Bar Asso-
ciation and the Forum on Franchising.
Copyright  2006 American Bar Association. Produced by
ABA Publishing.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?